Image from the Bail Observation Project
From 15 January 2018, the provisions of the 2016 Immigration Act regarding immigration bail come into force.
This means that:
- the status of “temporary admission” no longer exists. Temporary admission was a status which allowed a person to be lawfully in the UK without being detained (before they have been granted leave to remain). Most people who claim asylum were given “temporary admission” while a decision was made on their case. The document that shows you have temporary admission is called an IS96. If you had been detained, you could apply to the Home Office for temporary admission, also known as temporary release, from detention. This had less conditions than bail, but was not often granted.
- From now on, any migrant lawfully in the UK without leave to remain (including asylum seekers) is technically on immigration bail. This is extremely confusing because if you are then detained, you also apply for immigration bail in order to be released from detention.
- You can apply for bail from the Home Office and if this is refused, you can apply to the First-Tier Tribunal to have a bail hearing in front of a judge. The tribunal is no longer permitted to grant bail in any circumstances for eight days after arrival or if removal is (supposed to be) within 14 days.
- On a more positive note, automatic bail hearings should be provided for those who have been detained for four months and who have not applied for bail themselves or with the help of a lawyer (unless they are detained subsequent to serving a criminal sentence).